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Страх и омраза на посткомунистическите улици: защо българският протест #ДАНСwithme затихва, а украинският Евромайдан ескалира?
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Страх и омраза на посткомунистическите улици: защо българският протест #ДАНСwithme затихва, а украинският Евромайдан ескалира?

Author(s): Maria Popova / Language(s): Bulgarian Issue: 45/2016

For several months in 2013-2014, thousands of Ukrainians and Bulgarians participated in anti-government protests. However, the outcomes could not be more different. The Bulgarian government politically survived #DANSwithme, while Euromaidan precipitated President Yanukovych’s fl ight from Ukraine in late February 2014. Why did #DANSwithme gradually dissipate, while Euromaidan escalated into the worst episode of political violence since Ukraine’s independence? We know that medium levels of repression applied inconsistently during protests can lead to radicalization and violence. But we do not know whether the judiciary’s behaviour before and during the protests could affect the likelihood of an escalation towards violence. This article proposes a complementary explanation of protest radicalization, which posits that recent, unambiguous, and effective use of a pliable judiciary by political incumbents to punish and undermine the opposition raises the odds that both sides will engage in violence. Politicized selective justice raises the stakes ofvictory both for the government and for the protesters, and reduces the possibility of a compromise. In Bulgaria, where the judiciary, albeit politicized, has not been effectively used to undermine political opponents, protesters perceived the government’s attempts to engage in legal persecution as a hassle and the chances of imprisonment as remote. Neither should the Oresharski government have expected to be prosecuted in the event of losing offi ce. In Ukraine, by contrast, the judiciary had a clear recent track record of politicized selective justice both against protest participants and high-level politicians. Former PM Yuliya Tymoshenko and another Orange Revolution main actor and former minister of interior, Yuriy Lutsenko, served lengthy prison sentences. Consequently, both the leaders of the opposition and Yanukovych and his coterie probably expected that imprisonment would be inevitable if they did not come out as winners of the Euromaidan standoff.

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БЕСПРАВНОЕ УЧЕНИЕ. РАССУЖДЕНИЕ О ФИЛОСОФИИ ПРАВА В. С. СОЛОВЬЕВА

БЕСПРАВНОЕ УЧЕНИЕ. РАССУЖДЕНИЕ О ФИЛОСОФИИ ПРАВА В. С. СОЛОВЬЕВА

Author(s): Sergey Shevtsov / Language(s): Russian Issue: 2/2016

The article considers the existing issues of Vladimir Solovyov’s law philosophy. The author uses a recent monograph by Y. Pribytkova on the same subject as a starting point. In this monograph its author attempts to show the historical and philosophical aspects of the doctrine of this great Russian philosopher, while her denial of the basic Solovyov’s arguments significantly lessen the value of the overall inference. The present writer suggests an alternative approach: instead of picking out individual points of the doctrine or keeping it as a whole, I prefer to start from the current legal issues and isolate those elements of Vladimir Solovyov’s doctrines that could become the foundation on a modern philosophy of law. The author concludes that such elements are of high importance for both law and the connection between law and personality.

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ПРАВО И НРАВСТВЕННОСТЬ В ПАРАДИГМЕ СОВРЕМЕННОЙ ЦИВИЛИСТИКИ

Author(s): Farida Ildarovna Hamidullina / Language(s): Russian Issue: 2/2016

The problem of relations between law and morality is an essential and integral part of the theoretical foundation of modern civil law. The aim of the paper is to examine the relation between law and morality from the paradigmatic point of view. To achieve this goal, the following objectives are set: to define the category of “paradigm”, “legal paradigm”, and “paradigm of civil law”; to consider the relation between law and morality from the standpoint of civil law paradigm in different periods. The conclusion is made that the paradigm is a research position of the scientific community in relation to the surrounding world. The legal paradigm seeks to express a certain perception of the world and reflects the generated way of understanding justice and effective regulatory effects on social relations. The paradigm of civil law is a particular way to the scientific vision of civil rights, which enables common civil law in the context of culture. The paradigm of civil law has changed due to the dramatic changes in the socio-political and economic life of society. Thus, in the paradigm of civil law of the Soviet period, which rejected the division of the right to private and public and asserted the absence of private property, there was a strict demarcation line between law and morality. Currently, shifting of the efforts towards identification of the underlying relations between law and morality due to the changes in the civil law paradigm associated with the declaration of private law principles and their implementation in the public consciousness takes place.

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Wyznaczniki ekonomiczne sprawiedliwości społecznej w Polsce

Wyznaczniki ekonomiczne sprawiedliwości społecznej w Polsce

Author(s): Piotr J. Wróbel / Language(s): Polish Issue: 2 (9)/2013

Article No. 2 of The Constitution of The Republic of Poland (1997) states that Poland „shall be a democratic state ruled by law and implementing the principles of social justice”. Social justice is one of the principles of government and, according to lawyers, does not constitute grounds for subjective claims.  Contemporary understanding of the Ulpianidea of justice (suum cuique): giving everyone his due, derives from the conception of distributive justice by J. Rawls, which is based on proportional equality. This paper discusses the levels of four social justice indicators that Poland now deals with: income inequality, tax system, unemployment and poverty. The structure of the socio-economic system in Poland, which was founded and established during a period of transition, (presented in paper by statistical data and international comparisons) does not support the conclusion that Poland indeed fully embodies the principles of social justice.

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Tajemnica adwokacka adwokata kościelnego w prawie polskim. Zakres ochrony i skutki jej naruszenia

Tajemnica adwokacka adwokata kościelnego w prawie polskim. Zakres ochrony i skutki jej naruszenia

Author(s): Małgorzata Tomkiewicz / Language(s): Polish Issue: 19/2016

The term of “attorney–client privilege” is not a precisely defined term in the Polish legal system nor in the canon law; however, there is no doubt that in both of those legal frameworks, this privilege is formally regulated and is under protection. Moreover, within the Polish legal system, as well as in the canon law, the attorney–client privilege is protected by specific inadmissibility and restrictions in evidence, and in both cases, this protection, assumes liability of depositary of confidential information for its violation. Also, the axiology of discussed privilege in every mentioned legal framework is similar when it comes to its purpose: the realization of law to an honest and righteous lawsuit, the right of defence and right to protect privacy, including freedom of communication.The fact that providing protection of attorney–client privilege is a subject of concern of both the state and the church legislator, is perceived as primo facie. Less obvious, however, is the answer to the following questions: Are those privileges “respected” by each other and are they protected in a symmetric way in both mentioned legal frameworks? Do people functioning as attorneys in canon law legal framework, may, in the cases governed by Polish law, invoke professional secrecy, and is this kind of invocation producing legal effects in the light of secular law? Does the obligation, which is incumbent upon church attorney as well as secular attorney, to maintain the confidentiality and to prevent from disclosure or unauthorized use of everything he learned by performing professional duties, is respected by secular legislator and vice versa? Does the disclosure of information by the church attorney, acquired while providing legal assistance to a party, in proceedings in ecclesiastical court, affect the criminal liability described in Article 266 of the Penal Code? Through comparative legal analysis of related regulations of canon law and also regulations present in Polish law, this article will try to answer those questions.

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X VE XI. YÜZYILDA İSLAM FELSEFESİNDE YAPILAN ADÂLET TAKSİMLERİ: FĀRĀBĪ, EBŪ’L-HASAN EL-ĀMİRĪ, İBN MİSKEVEYH VE RĀĠIP EL-İSFEHĀNĪ ÖRNEĞİ

X VE XI. YÜZYILDA İSLAM FELSEFESİNDE YAPILAN ADÂLET TAKSİMLERİ: FĀRĀBĪ, EBŪ’L-HASAN EL-ĀMİRĪ, İBN MİSKEVEYH VE RĀĠIP EL-İSFEHĀNĪ ÖRNEĞİ

Author(s): Ramazan Turan / Language(s): Turkish Issue: 2/2017

The justice has been one of the most cited concepts throughout human history. Although the justice has been examined with different meanings and appearances, no consensus has been reached on its definition. The distinctions made on justice make it easier to understand. It can be said that the first systematic classification of justice in philosophy started with Aristotle (d. 322 BC). Aristotle's classification of distributive and rectificatory justice has been adopted by subsequent philosophers. al-Fârâbî (d. 339/950), al-Âmîrî (d. 381/992) and Ibn Miskawayh (d. 421/1030) have adopted this classification of Aristotle. al-Fârâbî's natural justice, Raghıp al-Isfehânî's (the first quarter of the 11th century) absolute and qualified justice classification, and Ibn Miskawayh's natural, legal, optional and Divine justice are the original classification of these philosophers. These justice classification of Islamic philosophers who are mentioned have also been adopted by philosophers who have follow them. In addition, the similarites between Ibn Miskawayh's four justice classification and Western Medieval philosopher Thomas Aquinas’s (d. 1274) four law distinctions were also noted in this article.

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ДЪЛГИЯТ ПЪТ НА ПРАВНАТА УРЕДБА ОТ НОЩТА (НА ДЪРЖАВНОТО ВСЕВЛАСТИЕ) КЪМ ДЕНЯ (НА ПРАВОТАТА ДЪРЖАВА)

ДЪЛГИЯТ ПЪТ НА ПРАВНАТА УРЕДБА ОТ НОЩТА (НА ДЪРЖАВНОТО ВСЕВЛАСТИЕ) КЪМ ДЕНЯ (НА ПРАВОТАТА ДЪРЖАВА)

Author(s): Svetla Dimitrova-Kovacheva ,Georgi D. Dimitrov / Language(s): Bulgarian Issue: 1/2011

We adhere to the paradigm of “rule of law” and the concept of “good governance”, in particular, according to which public institutions not only act within the lawful limits but first and foremost protect the rights and interests of citizens in accordance to the law. Assuming Bulgaria is a society in transition we want to test empirically the extent to which it has broken away from the communist system, in which the state dominates over people. This empirical test has been carried out through a normative analysis of the articles and catches of two Bulgarian laws – the "State Administration Act" and "Civil Service Act"(literary “State Service Act”, in Bulgarian). The paper presents our major findings, which confirm the hypothesis that these two laws do not provide for a systemic social regulation because it would render a systemic social change. Such a qualitative change has not been pursued because the strong power of the centralized state has been endorsed to reform the Bulgarian society in an authoritative way. The half-way social changes, reflected in our normative acts, serve not the public interest but the ad hoc political task of transition.

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Gouvernance de la religion et liberté de conscience

Gouvernance de la religion et liberté de conscience

Author(s): Claire Aguilon / Language(s): French Issue: 20/2017

The influence of religion on the freedom of conscience cannot be defined in simple terms. Religion is often conceived as limiting the freedom of conscience. However, from the perspective of the philosophy of religion it is necessary to underline the significance of the adoption of democracy as a principle of government. The limitation of the freedom of conscience by religion could be explained, on an anthropological level, by the identity function realized by religion. Nevertheless, religion can exist without being accepted by all. Beyond the evidence of a possible coexistence of religion and political pluralism, religion inherently implies the recognition of the freedom of conscience. The respect for the freedom of conscience results from the human condition itself. Religion makes it possible to transcend one’s cultural identity. In return, the freedom of conscience is based on a faith in the equal value of the conscience of every human being. The latter is recognized not only as the means but also as one of the purposes of political power. Religion and the freedom of conscience seem to derive from common foundations. The legal recognition of the freedom of conscience has a concomitant impact on religion by the regulation of its exercise.

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Структура на съдебната реч. Реторически дискурс на обвинителната и защитната реч
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Структура на съдебната реч. Реторически дискурс на обвинителната и защитната реч

Author(s): Ivan Tsanev / Language(s): Bulgarian Issue: 4/2016

As a result of this study, this article presents the reader, in a summarized way, the structure, compositional elements, logical and rhetorical content of the judicial speech, in particular prosecution and defense speech, from the standpoint of philosophy of law. The question of equivalence and application of ethics, morality and truth in the law is up to date from Antiquity to the present day. These moral categories can be analyzed in depth mostly by philosophical science, with the help of its constituents – ethics, aesthetics, rhetoric, logic. It is sufficed to recall the Roman maxim – In jure veritas (At right is the truth). Accordingly, the search for truth, evidence, reasoning and ways of arguing are the leading ideas and major themes of the analytical text.

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THE OMBUDSMAN RECONSTRUCTION OF 
THE REPUBLIC OF INDONESIA IN PROMOTING 
A RESPONSIVE LEGAL CULTURE

THE OMBUDSMAN RECONSTRUCTION OF THE REPUBLIC OF INDONESIA IN PROMOTING A RESPONSIVE LEGAL CULTURE

Author(s): Mansur Mansur,Galang Asmara,Idrus Abdullah,RR. Cahyowati / Language(s): English Issue: 3/2018

The aim of this research is to show how the reconstruction of the existing Ombudsman of the Republic of Indonesa influences the promotion of a responsive legal culture in the bureaucracy system. The research methods are normative and empirical, along with the philosophical approach, statute approach, conceptual approach, and direct interview in the field. Concluding the reconstruction of the Ombudsman of the Republic Indonesia to be more ideal through the review of the Law Number 37 from 2008 regarding the Ombudsman of the Republic of Indonesia including the relation to its institutional authority, and the legal force of the Ombudsman’s recommendations that should be final and binding, so the recommendations have an executorial power.

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Върху някои въпроси и рискове за свободата на словото във връзка с новия общ регламент за защита на личните данни 2016/679 и внесения законопроект за изменение и допълнение към ЗЗЛД

Върху някои въпроси и рискове за свободата на словото във връзка с новия общ регламент за защита на личните данни 2016/679 и внесения законопроект за изменение и допълнение към ЗЗЛД

Author(s): Simona Veleva / Language(s): Bulgarian Issue: 2/2018

This study briefly presents the development of personal data protection and its relation to the right to respect for private life. Some of the key points set out in the new Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) regarding the balancing of the right to expression are under discussion in the paper. Due to the fact that the GDPR obliges Member States to reconcile by law the right to the protection of personal data with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression, some general remarks and comments are made towards the Draft Articles for the amendments in the Bulgarian Law on Protection of Personal Data and its conformity with the GDPR.

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Похвално слово (laudatio), произнесено на церемонията по удостояването на акад. Антония Фернандес де Бухан и Фернандес с почетната титла Doctor Honoris Causa на Нов български университет

Похвално слово (laudatio), произнесено на церемонията по удостояването на акад. Антония Фернандес де Бухан и Фернандес с почетната титла Doctor Honoris Causa на Нов български университет

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 3/2018

Laudation speech delivered at the ceremony in honour of acad. Antonio Fernandez de Bujan y Fernandez as Doctor Honoris Causa of New Bulgarian University

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Кодифицирането - запазване на римскоправните принципи - да се живее честно, да не се вреди другиму и да се отдава всекиму своето

Кодифицирането - запазване на римскоправните принципи - да се живее честно, да не се вреди другиму и да се отдава всекиму своето

Author(s): Hristo Krastev / Language(s): Bulgarian Issue: 3/2008

Roman philosophers and thinkers, ancient Roman lawyers formed the legal concepts and established the spirit of law unconditionally. For the study and study of legal institutions and concepts, legal terminology requires serious use of Latin. Anyone who has dealt with classical languages knows that Latin and culture are part of the foundation upon which modern scientific integration is developed.

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Социален диалог и образование – традиции и съвременни потребности на пазара на труда
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Социален диалог и образование – традиции и съвременни потребности на пазара на труда

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian Issue: 5/2019

The article examines the principle of social dialogue in the Bulgarian law. It motivates the need of rethinking and strengthening the role of social partners in the sphere of educational policies, directed to adequacy of the skills of workers for competitiveness on the labour market. Based on the examination of the national legislative frame and recommendations of the EESC, the authors make conclusions and mark tendencies for the activity of the tripartite cooperation bodies concerning their influence on the educational policies.

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FREEDOM OF SPEECH IN FINLAND AS A PART OF EUROPE – CONNECTION WITH DIMITRIE CANTEMIR

FREEDOM OF SPEECH IN FINLAND AS A PART OF EUROPE – CONNECTION WITH DIMITRIE CANTEMIR

Author(s): Marja-Liisa Tenhunen / Language(s): English Issue: 3/2020

Freedom of expression is a right of citizens' fundamental rights to express and receive their views in public. Freedom of opinion and expression can be considered as a prerequisite for safeguarding many other key rights. Finland‘s history of freedom of speech and press has been reviewed ever since 1766 by Anders Chydenius, who wrote at the age of 37: ―The freedom of the nation is always proportional to the freedom of printing it possesses, so that neither can exist without the other.‖ United Nation´s (UN) Human Rights Conventions International Convention on Civil and Political Rights has created rules in the Article 19: Everyone has the right to freedom of opinion without any external interference and everyone has freedom of expression. The philosophical purposes written by Dimitrie Cantemir could be considered as part of the freedom of the speech, at least indirectly. There are many similarities between Anders Chydenius´s and Dimitrie Cantemir´s main targets. Problems concerning freedom of speech have emerged in recent years as a result of the use of social media. That is why we need a debate and new legislation.

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THE CHALLENGES AND RELEVANCE OF TECHNOLOGY IN ADMINISTRATION OF JUSTICE AND HUMAN SECURITY IN NIGERIA: AMIDST THE COVID19 PANDEMIC

Author(s): Paul Atagamen Aidonojie,Oluwaseye Oluwayomi Ikubanni,Nosakhare Okuonghae,Adefisayo Ifeoluwa Oyedeji / Language(s): English Issue: 3/2021

Technology has necessitated and intensified changes in all spheres of human endeavors, including administering justice and ensuring human security. However, before the outbreak of the Covid-19, technological advancements have not significantly impacted the administration of justice and human security in Nigeria. The administration of justice and human security in Nigeria was manually operated with minimal or no digital input. In this regard, this study employs a doctrinal and non-doctrinal method in examining how has technology impacted on the administration of justice and human security during the Covid19 experience. The study uses an online questionnaire survey sent to 321 respondents (randomly selected) who reside in Nigeria. Analytical and descriptive methods were utilised in analysing data obtained. The study found that the outbreak of the covid19 in Nigeria has necessitated the use of technology in the administration of justice and human security. Although, some institutions in Nigeria are not effectively utilizing technological facilities in the administration of justice and human security, giving some inherent challenges. The study therefore concludes and recommends that, though the COVID-19 affected the smooth administration of justice and human security, it has led to the use of other faster and possible ways of administering justice and human security in Nigeria. In this regard, the Nigerian government needs to embrace and intensify technology in the administration of justice and human security.

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CONSIDERATIONS REGARDING THE ETHICS OF SCIENTIFIC RESEARCH IN THE CONTEXT OF DOCTORAL EDUCATION IN THE REPUBLIC OF MOLDOVA

CONSIDERATIONS REGARDING THE ETHICS OF SCIENTIFIC RESEARCH IN THE CONTEXT OF DOCTORAL EDUCATION IN THE REPUBLIC OF MOLDOVA

Author(s): Eugenia Bogatu / Language(s): English Issue: 1/2023

The paper is based on the application of a semi-structured interview conducted with a group of doctoral students from the State University of Moldova. The pursued issues concern ethical aspects of scientific research. In the first part of the paper, we present some considerations about the legal framework of doctoral research in the Republic of Moldova, about the difficulties and challenges of the educational system at the beginning of the third millennium, as well as about the important relationship between legality and morality.

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RECENT CASE LAW OF THE CJEU ON THE CHARACTERIZATION OF THE EXISTENCE OF CONDUCT HAVING AS ITS “OBJECT” OR “EFFECT” THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE MEANING OF ARTICLE 101(1) TFEU

RECENT CASE LAW OF THE CJEU ON THE CHARACTERIZATION OF THE EXISTENCE OF CONDUCT HAVING AS ITS “OBJECT” OR “EFFECT” THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION WITHIN THE MEANING OF ARTICLE 101(1) TFEU

Author(s): Anca Ileana Duşcă / Language(s): Romanian Issue: 40/2025

Free and undistorted competition between public or private firms of the Member States of the European Union is closely linked to the proper functioning of the internal market; this is why competition law is a major component of the substantive law of the European Union. European Union, according to Art. 3 TEU has exclusive competence to establish the competition rules necessary for its operation. If in the market fundamental freedoms, the Court has played an important role in specifying and developing these primary legal instruments of integration on competition, the European Commission has acted with priority over other institutions.

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Учения о правовых законах в трудах представителей российской доктринально-правовой мысли XIX века

Учения о правовых законах в трудах представителей российской доктринально-правовой мысли XIX века

Author(s): A. R. Gilmullin / Language(s): Russian Issue: 3/2024

This article theoretically examines some contradictions and major milestones in the development of the doctrines of just laws as laid out by prominent Russian scholars during the 19th century. It analyzes the problems surrounding different theoretical approaches and conceptions regarding the connection between justice and law through the works of M.M. Speransky, N.M. Karamzin, P.I. Pestel, N.M. Muravyov, K.A. Nevolin, B.N. Chicherin, V.S. Solovyov, and S.A. Muromtsev. The results obtained show that the period under study was marked by the elaboration of a conceptual framework and basic criteria of positive law from the perspectives of liberal (natural law) and ethical beliefs, which align with spiritual (Christian) principles. This strengthened the humanistic and moral foundations of Russian legal understanding. Additionally, a continuing and stable connection is revealed between the philosophical and legal doctrines of the 18th and 19th centuries, indicating the common (abstract, not fully comprehended) motivational grounds and logic in the establishment of legal freedoms.

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Толкование закона в политико-правовой мысли Западной Европы XII–XIII веков

Толкование закона в политико-правовой мысли Западной Европы XII–XIII веков

Author(s): A. K. Gladkov / Language(s): Russian Issue: 6/2024

This article explores the views of two outstanding medieval thinkers, John of Salisbury and Thomas Aquinas, on law (its types, functions, and purpose). Their intellectual reflections were based on the theoretical political knowledge and historical context of the time and played a key role in the development of “scientia politica” during the 12th–13th centuries. Both thinkers distinguished between Divine, natural, and human (civil) laws, emphasizing their interconnectedness and interdependence within society. The obtained results show that they had a Christian worldview, where the king, guided by the three laws and the principles of justice, was destined to lead his subjects toward the “common good”, ensuring their freedom and happiness.

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